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Supreme Court preps for lineup change

The Indiana Supreme Court will soon see its first lineup change in more than a decade, and as that turnover approaches, the state’s highest appellate court is mostly conducting business as usual.

New approach to foreclosure prevention successful

Courts around the state have experienced more success with a new approach to settlement conferences utilizing facilitators – who interact directly with borrowers and lenders – than past attempts to find alternatives to foreclosures.

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Candidacy issues in Allen, Lake counties

During an afternoon of heated debate about election law, a state commission kept a controversial incumbent judge on Allen County’s ballot despite arguments he should be disqualified while it essentially pulled another judicial candidate off the Lake County ballot in a challenge involving how the political process put him into the race.

Opinions Sept. 13, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kevin Moncrief v. State of Indiana (NFP)
49A05-1004-PC-245
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted transfer to three cases and denied transfer to eight for the week ending Sept. 10.
 

5 vying for state judicial commissions

Five Indianapolis attorneys have put their names in the hat for a single opening on the state’s judicial commissions, which are responsible for deciding whether disciplinary actions should be taken against a jurist and determining who should be on the state’s appellate courts.

Court appoints new CLE commission members

The Indiana Supreme Court has appointed three new members to the Commission for Continuing Legal Education to replace those whose terms expire at the end of the year.

Justices take 3 cases

The Indiana Supreme Court accepted transfer of three cases last week, including a case in which the Indiana Court of Appeals lengthened a man’s sentence.

Justices: BMV can require names to match SSA records

The trial court was correct to find that the public interest in preventing fraudulent use of driver’s licenses trumps some people’s desire to have their commonly used names on their licenses, the Indiana Supreme Court ruled today.

Opinions Sept. 10, 2010 ILD


Indiana Court of Appeals
Crown Coin Meter Company, et al. v. Park P, LLC  
34A02-1002-PL-185
Civil plenary. Reverses summary judgment in favor of Park P in its complaint to quiet title and seeking a declaratory judgment that the lease between Crown Coin and the prior owner of the apartment building is void as to Park P. There is a genuine issue of material fact as to whether Park P had actual implied notice of Crown Coin’s outstanding rights at the time Park P purchased the property and whether Park P was a bona fide purchaser. Remands for further proceedings.

Eclipse Consulting, Inc. v. Community Bank (NFP)
29A05-0912-CV-696
Civil. Affirms grant of partial summary judgment in favor of Community Bank in Eclipse’s suit alleging breach of contract, fraud, conversion and bad faith. Remands for proceedings.

David L. Howard v. State of Indiana (NFP)
46A03-0907-CR-299
Criminal. Affirms conviction of and 65-year sentence with five years suspended to probation for murder.

Jeanette Haggard v. Brent Boyd (NFP)
32A04-1001-DR-33
Domestic relation. Affirms granting the dependent tax exemption to Boyd. Reverses calculation of the amount of child support Boyd has overpaid since he filed his petition to modify and remands with instructions to amend its order on father’s petition to modify custody and support accordingly.

D.L.S. v. J.S. (NFP)
85A02-0910-CV-985
Civil. Affirms order granting physical custody of D.S.’s children to mother J.S.

Edna Taylor Living Trust v. Kokomo/Howard County Plan Comm. (NFP)
80A05-1004-PL-289
Civil plenary. Affirms summary judgment in favor of the commission on the Taylor Trust’s complaint for mandate.

Chance Ross Carper v. State of Indiana (NFP)
48A05-1002-CR-96
Criminal. Affirms revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Sept. 10, 2010

7th Circuit Court of Appeals
Joseph Finch, David E. Hensley, and Peter W. Mungovan v. Bart Peterson, individually and in his official capacity, et al.
09-2676
U.S. District Court, Southern District of Indiana, Indianapolis Division, Magistrate Judge Debra McVicker Lynch.
Civil. Affirms denial of the city officials’ motion for judgment on the pleadings in a suit filed by three white officers alleging discrimination in promotions. The 1978 consent decree between the Indianapolis Police Department and the U.S. Department of Justice does not operate to confer qualified immunity on city officials who were involved in making the challenged promotions. Nothing in the decree required them to take race into consideration when making promotions.

No qualified immunity for city in racially motivated promotions

The 7th Circuit Court of Appeals upheld the denial of the motion of qualified immunity filed by the City of Indianapolis and several officials in a suit filed by three white police officers who claim they were passed over for promotions because of their race.